JB/028/164/001

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17)

Common Law. Particular Customs.

a pain more than is apt to recall from this restraint, than
is apt to result from the other. It is from Judges having some
confused perception of this, when the matter came before
them, legalized the custom simply, and refused refusing to
legalize the restraint restriction that accompanied it. However Before
they could justify to themselves the doing this, it is plain,
the notion of an indefeasible property in a Tenant with
respect to common, must have become fixed. The Lords
original exclusive right must have been forgotten. The
Tenant must have been supposed to have acquired a
right, and the restraint thus annext to it, must
have been considered as an usurpation. In modern times then, now [How then] that
the notion of a right general liberty of common in Tenants is
become fixed, to reprobate such a restraint upon it
seems consonant to utility. I see not how we could
have said the same at a time when this liberty was
looked upon in the light of an indulgence. While
the Lord had it in his power to forbear the permitting granting
it, I see not how we could put a negative upon have denied deny him to liberty of
his making his own terms.

⊞ ⊞ More rules and more confusion. The 5th our Author gives us is that our Author tells us The 5th Rule our Author gives as one say "Customs
"is that they "ought to be certain. A custom", continues
he, "that lands shall descend to the most worthy of the
owner's blood, is void; for how shall this worth be determined?
But a custom to descend to the next male
of the blood, exclusive of females, is certain, and therefore,
good".

The supposition, we are to remember, he sets out with is
this, that the Custom is proved to exist; and then these
rules he gives us are to tell us whether it be good or no.

Identifier: | JB/028/164/001 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	164	Info in main headings field	common law particular customs - rules
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b17 / e18 / b19 / e20
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9429
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